(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COVERED RESIDENCES. All residential units within the city except those that are part of a multi-family dwelling unit of more than three dwellings.
GARBAGE. Food waste, including every waste accumulation of animal, fruit, vegetable, or other matter, used or intended for food, or that attends the preparation, use, cooking, dealing or storing of food.
RUBBISH. Trash and other worthless or rejected matter including ashes, used cans, worn, broken or rusted metal, broken glass, broken or melted plastic, crockery, dirt sweepings, boxes, packaging materials, lumber, wood, paper or litter of any kind (except shall not include trees, large limbs, leaves, debris from the construction or demolition of buildings, or junk automobiles).
SOLID WASTE. Garbage and rubbish produced by covered residences.
(B) Service provided.
(1) The city or its designated agent shall provide covered residents a collection, transportation, and disposal solid waste and recyclable materials one day each week.
(2) The city’s Executive Officer is hereby authorized, upon approval of the Common Council, to enter into an agreement with a solid waste collection contractor (hereinafter “contract”) to provide the solid waste disposal services described above. The Executive Officer may change or amend the contract or enter into a new contract with a different contractor from time to time upon approval of the Common Council.
(3) All covered residences shall utilize the service provided by the city or its agent for the collection and disposal of garbage. No owner or occupant of a covered residence shall allow the accumulation or storage of solid waste on their real estate outside of their dwelling unit except as provided for in the contract or pursuant to other rule promulgated by the city’s Board of Public Works. All eligible residents shall comply with the terms of any garbage collection contract between the city and any contractor and with any additional rules concerning the storage an disposal of garbage, solid waste, rubbish and/or solid waste that may be promulgated by the city’s Board of Public Works.
(4) The failure of an owner or occupant of a covered residence to comply with the terms of the contract or the rules promulgated by the Board of Public Works concerning solid waste storage, collection and disposal shall entitle the city or its agent to deny the covered residence service under this section.
(5) An owner or occupant of a covered residence that allows solid waste to be stored in a manner in violation of division (B)(3) of this section (whether or not the covered residence has been disqualified for service under division (B)(4) of this section) shall be subject to a fine of not less than $10 and not more than $50 per day that the violation exists. If the city is required to file a civil action to enforce the provisions of this section or to collect a fine hereunder, the city shall recover its costs and attorney fees for bringing such action. All fines and attorney fees collected pursuant to this division shall be deposited into the city’s General Fund.
(C) User fees.
(1) A user fee shall be charged to each eligible user of the garbage collection service provided pursuant to this section according to the following schedule.
(a) That, for the calendar year of 2021, the following charges will be in effect for each utility customer that is charged for refuse pick-up by the city, through its contractor:
1. A sum of $13.60 will be charged monthly to each residence for weekly trash pick-up and biweekly recycling.
2. A sum of $1.50 will be charged monthly to each residence for administrative processing by the city.
(b) That, for the calendar year of 2022, the following charges will be in effect for each utility customer that is charged for refuse pick-up by the city, through its contractor:
1. A sum of $13.87 will be charged monthly to each residence for weekly trash pick-up and biweekly recycling.
2. A sum of $1.50 will be charged monthly to each residence for administrative processing by the city.
(c) That, for the calendar year of 2023, and thereafter, the following charges will be in effect for each utility customer that is charged for refuse pick-up by the city, through its contractor:
1. A sum of $14.15 will be charged monthly to each residence for weekly trash pick-up and biweekly recycling.
2. A sum of $1.50 will be charged monthly to each residence for administrative processing by the city.
(2) The owner and occupant of each covered residence shall be jointly and severally liable for the fee. The invoice shall be directed to the owner of the covered residence, unless the owner requests in writing on a form prescribed by the Clerk-Treasurer of the city that the invoice be sent to the occupant of the unit. The fact than an invoice is directed to the occupant of the unit does not relieve the owner of the unit from liability for non-payment of services provided hereunder.
(3) In the event that an invoice for services provided hereunder is served on the owner or occupant of a covered residence and the balance of the invoice remains unpaid for a period of 30 day s from the date of the invoice, the owner and occupant shall be liable to the city the amount of the service charge together with a penalty of 10% of the charge. Pursuant to I.C. 36-9-30-21, the city may bring a civil action to collect such fees and late charges along with and any cost incurred by the city to collect the charges (including attorney fees).
(4) The city shall deposit all monies received by way of this section, including penalties and late charges, into an account designated by the Clerk-Treasurer for solid waste disposal fees. Monies deposited into this account (and monies previously deposited) may be used by the city to:
(a) Pay past, current or future contract charges for solid waste collection services;
(b) To cover any other charge or cost incurred by the city for solid waste storage, collection, or disposal including but not limited to the disposal of solid waste collected at public events; and
(c) To pay for professional services including attorney fees incurred in negotiating, preparing, implementing and enforcing a solid waste collection contract or in enforcing this section.
(Ord. G-09-1187, passed 11-2-2009; Am. Ord. G-11-1196, passed 2-7-11; Am. Ord. 16-1347, passed 12-19-16; Am. Ord. 20-1391, passed 11-16-20)